HomeMy WebLinkAboutM-02-0661CITY OF MIAMI R ECEI VED
CITY ATTORNEY'S OF
N 13
MEMORANDUM PM 7.00
TO: Priscilla A. Thompson, City Cler CIT YI pF CL R� �` SON
FROM: Alejandro Vilarello, City gWey
DATE: June 13, 2002
RE: Conversations involvi5ecommissioner Johnny L. Winton, regarding Agenda item
PZ -2, City Co fission Meeting of June 13, 2002; Commission's
Reconsideration of application to rezone 3225 Franklin Avenue.
IT IS HEREBY REQUESTED THAT THIS DOCUMENT BE
INCLUDED IN THE PUBLIC RECORD FOR AGENDA
ITEM PZ -2, CITY COMMISSION MEETING OF JUNE 13,
2002, AND IMMEDIATELY MADE READILY
ACCESSIBLE TO THE PUBLIC.
Because comments have been made concerning conversations Commissioner Johnny
Winton had with individuals regarding the referenced property and zoning application, I asked
Commissioner Winton to memorialize the substance of his comments for the record in order to
allay any concerns that a prejudicial ex -parte communication may have occurred. Consequently,
the Commissioner has confirmed the following:
1. On January 24, 2002, the City Commission denied the referenced application.
2. A few days after that meeting, he received a telephone call from Lucia A. Dougherty,
legal counsel for the subject applicant, inquiring about procedures for possible
commission reconsideration of the item. Ms. Dougherty advocated a reconsideration of
the item because, she alleged, alternative procedures might prohibit further review of the
application for 12-18 months.
The entire conversation with Ms. Dougherty did not pertain to anything other than
procedural matters surrounding the reconsideration process. The Commissioner was not
provided any new information regarding the substance of the application or the site's
proposed project. Additionally, he notes that the record of the public hearing of January
24, 2002, will reflect his comments regarding his intention not to delay the "project" for
an undue period of time.
3. A few days subsequent to the aforementioned conversation with Ms. Dougherty,
Commissioner Winton, by chance, encountered the referenced site's developer at a public
event. Essentially, the same conversation as that with Ms. Dougherty occurred. There
CADocuments and SettingsMSolomon\Local Settingffemporary Internet Fi1es\0LKD\DocI9.doc 02— 661
Priscilla A. Thompson, City clerk
June 13, 2002
Page 2
were other bystanders to his conversation with the developer, but nothing else relevant to
this matter was discussed.
4. During the same time period the Commissioner had a conversation with a constituent,
whose identity he can't recall, about the Commission's action denying the application.
During that conversation the Commissioner reiterated his public hearing comments about
"not being opposed to a `boutique style hotel' that would blend into the surrounding
neighborhood, as opposed to the existing `Taurus' use." No additional information was
provided the Commissioner. And nothing, other than the procedure for possible
commission reconsideration, was discussed.
The foregoing represents the sum of all off-the-record conversations had by
Commissioner Johnny Winton with anyone who might be construed to be a "party" in the
proceedings for the referenced pending rezoning request.
Acknowledged and confirmed by:
L.
J L. Winton
Commissioner
une 13, 2002
cc: Mayor and Members of the City Commission
CADocuments and Settings\BSSolomonTocal SettingsUemporary Internet Files\OLKD\DocI9.doc
02- 661
�
N
v�
C-)
Q
v
N
O
O
O
Z
02- 661
CITY OF MIAMI RECEIVED
CITY ATTORNEY'S OFFICE
MEMORANDUM 2002 JUN 13 PM 5: 00
TO: Priscilla A. Thompson, City /,/' � ..
CITY CLERK
CITY OF MIAMI, FL
FROM: Alejandro Vilarello
DATE: June 13, 2002
RE: Conversation5,Kvolving Jason Walker, Chief of Staff for Commissioner Johnny L
Winton, regarding Agenda item PZ -2, City Commission Meeting of June 13,
2002; Application to Rezone 3225 Franklin Avenue
IT IS HEREBY REQUESTED THAT THIS DOCUMENT BE
INCLUDED IN THE PUBLIC RECORD FOR AGENDA
ITEM PZ -2, CITY COMMISSION MEETING OF JUNE 13,
2002, AND IMMEDIATELY MADE READILY
ACCESSIBLE TO THE PUBLIC.
Because comments have been made concerning conversations Jason Walker, Chief of
Staff for Commissioner Johnny Winton, had with individuals regarding the referenced property
and zoning application, I asked Mr. Walker to memorialize the substance of his comments for the
record in order to allay any concerns that a prejudicial ex -parte communication may have
occurred. Consequently, Mr. Walker has confirmed the following:
1. The City Commission, at its meeting of January 24, 2002, voted to deny the referenced
application to rezone the property located at 3225 Franklin Avenue in Coconut Grove.
2. A few days, thereafter, Mr. Walker had a conversation with Lucia a. Dougherty, Esquire,
and the developer personally interested in the rezoning and redevelopment of the site.
Both conversations with those individuals dealt specifically with whether the
application's denial could be reconsidered by the City Commission, and the procedures
related to such reconsideration.
3. he also received a call from John Shubin, Esq., and had a separate conversation with
Tucker Gibbs, Esq., attorneys for the opponents in the referenced matter. All the
aforementioned conversations were about the process for possible reconsideration of the
matter by the Commission, and did not involve or impart additional information, pro or
con, about the application itself.
4. A few days later, Mr. Walker contacted the City Attorney's Office and inquired about any
potential "Jennings' implication" of those conversations. Due to the appearance of
impropriety such contacts may represent, he was advised to discontinue all future contacts
CADocuments and Settings\BSSolomon\Local Settingffemporary Internet Files\OLKD\W002CityClrkMemoRezoningFranklinAve-
Malker_.doc 661
Priscilla A. Thompson, City „ lerk
June 13, 2002
Page 2
with the referenced matter's parties concerning anything related to the referenced
rezoning application, even procedural matters related solely to the reconsideration
process. This advice was heeded, immediately.
5. During a telephone conversation with Mr. Phil Corey, regarding an unrelated matter, Mr.
Walker informed Mr. Corey (a property owner near the referenced site), that he would not
discuss any aspects of the pending application with the him.
The foregoing conversations occurred after the Commission's decision of January 24,
2002, and represent the sum of all off-the-record conversations had by Jason Walker with anyone
who might be construed to be a "party" in the proceedings for the referenced pending rezoning
request.
Acknowledged and confirmed by:
Ja onWalker
ief of Staff for Commissioner Johnny L. Winton
une 13, 2002
cc: Mayor and Members of the City Commission
CADocuments and Settings\BSSolomon\Local SettingsUemporary Intemet Files\OLKD\W002CityClrkMemoRezoningFranklinAve-
Malker_.doc 6 G1 .q
02-
�
N
N
� q
b
N
Cn
v
O
O
Z
CADocuments and Settings\BSSolomon\Local SettingsUemporary Intemet Files\OLKD\W002CityClrkMemoRezoningFranklinAve-
Malker_.doc 6 G1 .q
02-